TERMS OF USE

TERMS OF USE

1. PREAMBLE

1.1. These terms of use constitute the terms and conditions for using the website tsakirischips.gr (hereinafter the “Website”), which is provided to interested parties (hereinafter the “Users”) by “TSAKIRIS FOOD AND SNACK INDUSTRIAL AND COMMERCIAL COMPANY”, which is seated in Moulkia of the Municipality of Atalanti, Fthiotida, (hereinafter the “Company”).

1.2. The Website provides its Users with free access to a number of pages, options and/or sources including various search engines, documents, files, texts, and graphs aimed at providing Users with information regarding the Company, the products and services offered by the latter. It also provides Users with information on various Company events; it allows the User to communicate with the Company by filling in the relevant online contact form (hereinafter the “Contact Form”); to participate in competitions (hereinafter the “Competitions” and individually the “Competition”) via the relevant online participation form (hereinafter the “Participation Form”); to participate in online polls (hereinafter the “Polls” and individually the “Poll”) by filling in the relevant online poll form (hereinafter the “Poll Form”); and to post material (indicatively referring to texts, photographs, visual, audio, audiovisual material, etc) (hereinafter the “Material” and the “Posting of Material”, respectively).

1.3. Access and use of the Website is subject to the terms of use defined herein (hereinafter the “Terms of Use”). Access and use of the Website alone implies the full and unreserved acceptance of the Terms of Use. It is therefore presumed that the User has carefully read, understood and accepted the Terms of Use and abided by existing Greek and European legislation.

1.4. Users are held personally and exclusively responsible for all their actions while using the Website. The Company shall not be liable for any loss or damage that may occur as a result of the Users’ failure to respect and abide by this term. Therefore, Users may be held liable for Company or third party losses or damages due to such failure.

2. ACCESS TO THE WEBSITE

2.2. Access to the website is permitted throughout the entire day and week, except when Website access is suspended due to maintenance, upgrading, online communication failure or other similar cause. The Company shall not be held liable if the Website is not available at any time or any period.

2.3. The Company makes every effort to update its Website regularly and may change its content at any time. If necessary, the Company may suspend or permanently terminate access to the Website. The Company shall not be responsible for updating the contents of the Website that may not be updated at a given time.

2.4 Users remain exclusively responsible for taking all the necessary steps for access to the Website. Specifically, Users assume their own hardware and Internet connection costs, their maintenance and operating costs and they are completely responsible for their security and effectiveness. Users must ensure that all persons having access to the Website via their Internet connection are aware of the Terms of Use and fully comply with these.

3. WEBSITE CONTENT – INTELLECTUAL PROPERTY – PERSONALITY RIGHTS

3.1. The Website and its content, which shall not be limited to Company trademarks and distinctive features, trade name, domain name, source code, software, services offered, names, photographs, images, graphics, texts, depictions, audio and/or image files and audiovisual files, games, competitions, interactive applications, data, metadata, databases (hereinafter the “Content”), shall constitute the exclusive intellectual and industrial property, either of the Company, or collaborating third parties and shall be protected by the relevant provisions on intellectual and industrial property rights of Greek and European Law as well as international conventions and treaties. The Content may be temporarily stored in a personal computer simply for reading purposes. It is explicitly prohibited for part or all of this Content to be transferred, sold, assigned, conceded (with or without consideration), used commercially, replicated, modified, reproduced, retransmitted, transmitted, distributed, sold or downloaded in any manner or by any means by the Users and/or any third party. It should be noted that these actions are indicative and not restrictive.

3.2. Excluded from the foregoing prohibition is the isolated storage of one and only copy of part of the Website’s Content on a personal computer (PC) strictly for personal/private, non-public (with or without consideration) and non-commercial use, without erasing or altering the origin indicator and without affecting the Company or third parties’ intellectual and industrial property rights with such action.

3.3. The ability to access and use the software that is associated with the Website (hereinafter the “Software”), does not grand any Software rights to the User with. Users and third parties must refrain from any reproduction, modification, translation or infringement in general of the Software and its content in any manner and by any means.

3.4. The Company hereby grants Users with a non-exclusive, individual capacity, non-transferable, freely revocable and royalty-free license to use the Software, for the duration of using the Website in accordance with the Terms of Use.

3.5. Users are obliged to remedy every incidental and/or consequential loss incurred by the Company due to an infringement of Company and/or third party rights or misuse or illegal use of the Website.

3.6. Users that Post Material in accordance with the terms herein, unreservedly provide the Company, the latter having the exclusive right to transfer the exploitation licence, with the exclusive exploitation licence of all intellectual property, related and associated rights provided by the User in the context or because of Posting Material, without a time limit or other limitation both domestically and abroad, regardless of the manner and means of transmission and use in general. Where necessary, the Users (and those exercising parental custody according to circumstances) shall sign a declaration or other document concerning the transfer of the foregoing rights.

3.7. Furthermore, Users that Post Material explicitly and unreservedly declare that they do not maintain a claim, financial or other, for any fee or compensation by the Company and/or third parties to whom the Company transfers the use and/or exploitation of the Material.

3.8. In order to avoid any doubt, the Company explicitly declares and clarifies that any notions and opinions that are in any way expressed in the Website are notions and opinions of the Users that express them and they are held exclusively liable against the Company and all third parties.

4. USERS’ OBLIGATIONS

4.1. Users accept, agree and mutually conclude that the general use of the Website’s services by them a) in no way offends the personality of third parties (indicatively, by sending obscene or racist content) and shall not constitute a direct or indirect threat to any other User or third party; b) does not contravene the law, good and fair trading; c) in no way violates the private lives, personal data, the individual and social rights of Users or third parties; d) does not violate the intellectual property rights of any third party; and e) in no way misleads or harms the Company or any third party, User or otherwise, with the false, misleading, erroneous or other information that they provide. Should the above occur, the Company is entitled to terminate the User’s access to the Website’s services and explicitly reserves the right to exercise its legal rights. Specifically, Users declare and warrant that the Material, and all related rights, belong exclusively to them and they reserve every right of use, exploitation and disposal. They also declare that the Material does not violate any third party intellectual rights, personal data or personality rights, or they have legally obtained all intellectual or other rights.

4.2. In any event, without prejudice to any other right the Company explicitly reserves the right to deny, reject and/or delete Content which, according to its uncontrolled discretion, violates the Terms of Use or is offensive, illegal or violates the rights of any third natural or legal person. It is hereby clarified that the respective User shall be exclusively liable against any third party for the material or Content that they submit or post on the Website or any information, data and material that are transmitted to other Users or third parties.

4.3. Especially for Users that are requested personal data in accordance with the specific provisions herein, they explicitly declare and warrant that the data provided is valid, complete, true and accurate.

4.4. Users are prohibited from installing and forwarding any kind of unsolicited or unauthorised advertisement or junk mail (spam), chain letters, pyramid systems and any other undesired messages and to install and forward advertisements without the Company’s written consent.

4.5. User are prohibited from installing, forwarding and/or providing content that contains viruses or any other electronic code, files or programs that are in any way designed to penetrate, destroy, restrict or affect the function of software or any other service of the Website or to impede other Users from using the Website and any other service that is connected to it.

5. LINKS / THIRD-PARTY RELATIONSHIPS

5.1. The Website may contain links to other websites which are under the responsibility of third, natural or legal persons. The Company does not control the availability, content, personal data protection policy, quality and completeness of the third-party website services as well as the services and/or stores to which they are redirected via the links, hyperlinks and other actions. Consequently, should a problem arise when visiting or using the services in third party websites or third party services, Users acknowledge that they must directly address the respective websites, pages, the providers of these services and/or stores, who are exclusively liable for the provision of their services.

5.2. Under no circumstances must it be considered that the Company embraces or accepts the content or the services of the redirected websites and/or stores and/or services and/or that it is associated with these in any way, by way of a work order, employment, agency, etc.

6. MANAGEMENT OF PERSONAL DATA

6.1. The management and protection of the Website Users’ personal data is subject to these Terms of Use, the Cookies Policy, as well as the provisions of the existing national and European law on the protection of individuals with regard to the processing of personal data, as in force. The Company collects personal data via its Website only from Users that fill in the Participation Form with the intention of participating in a Competition and/or Competitions, on condition: (a) that Users will have accepted the relevant Terms of Participation and (b) that these Users are over 16 years of age and have obtained the relevant consent from those exercising parental custody. Adversely, those exercising parental custody shall be exclusively liable.

6.2. More specifically, the data that is collected and processed from Users that complete the relevant Contact Form and/or Participation Form and/or Poll Form and/or Post Material may comprise of: (a) full name, (b) e-mail address, (c) telephone number and (d) age pursuant to the terms and conditions described in these Terms of Use.

6.3. Users understand that such data is necessary for the provision of certain Website services and consent to the creation of a file, and the collection, processing, categorisation, etc of such data. The Company may keep a file and process the Users’ non-sensitive personal data for updating or advertising purposes via the dispatch of a Newsletter or bulletin/news messages to Users or otherwise, unless they explicitly declare to the Company that they do not desire such promotional messages to me sent. Moreover, the Company may transmit, communicate, disclose and provide the foregoing personal data to partners acting on its behalf for the aforementioned purposes and for the management and operation of certain Website functions that require the transmission of the Users’ aforementioned data.

6.4. Subject to the provisions of the existing legislation on the protection of personal data or the Company’s other obligations, the Users’ personal data shall be kept and processed only for the period that is required to achieve the purpose for which the data was collected and shall be immediately destroyed upon completion of this purpose. The Company shall not proceed with the communication, disclosure, transmission, dispersion or other disposal of any information provided by the User without consent by the latter, unless this is stipulated in the existed legislation.

6.5. The Company reserves the right to collect non-personal identification information about Users [browser type, type of PC, operating system, internet providers, etc] and/or track Internet Protocol (IP) addresses using cookies. Cookies are small text files that are saved on the User’s hard drive without allowing access to documents or files on the User’s computer. They are used to facilitate the User’s access during certain services and/or Website pages and for statistical reasons. For information regarding the cookies used by the Website, Users are requested to visit the Cookies Policy page.

6.6. Data that is collected from Users will be stored in a secure server outside Greece and the Company will take all necessary measures for their protection. Nevertheless, the transmission of data via the Internet is not completely secure or faultless and the stored data may be exposed to malicious acts by third parties. Thus, the Company cannot guarantee that the security level meets or exceeds specific standards. The Company cannot guarantee the security of the Website, the databases or the services, or that the information supplied to the Website will not be intercepted while being transmitted over the internet. The User will be responsible for every transfer. Upon receipt of this data, the Company will use technical and organisational security measures to prevent the unauthorised access to this data.

6.7. The Company is committed to protecting the personal data supplied by Users in accordance with the provisions of Law No. 2472/1997, as amended and in force, and takes the necessary measures to enhance the protection of the personal data against loss, misuse, unauthorised access, prohibited disclosure or transmission, modification, alteration or destruction.

6.8. Users have the right to obtain information as to whether personal data that concern them are being processed by the Company and to object to the processing of any personal data relating to them and in particular to request the correction, temporary limitation, ban, non-transmission and deletion of such data.

6.9. Users may exercise their right to access and right to object according to article 12 and 13 of Law No. 2472/1997, by sending an email to info@tsakirischips.gr or sending a written application stating the specific request and/or action to the following address: Tsakiris SA Plant, Food and Snack Industry, Moulkia, 35200, Atalanti, Fthiotida (T: 22330-89445). This application must state the applicant’s contact details and be accompanied by the payment receipt of the amount that is defined in the Decisions of the Hellenic Data Protection Authority. The Company will respond to the submitted requests in writing within the specified time limit.

7. DISCLAIMER & WAIVERS

7.1. USERS ASSUME SOLE RESPONSIBILITY FOR ACCESSING THE WEBSITE. UNLESS OTHERWISE AGREED IN WRITING BETWEEN THE COMPANY AND THE USERS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROVIDES ITS WEBSITE SERVICES AND CONTENT “AS IS” FOR PERSONAL USE AND DISCLAIMS ANY EXPLICIT, TACIT OR OTHER DECLARATION OR WARRANTY REGARDING THE WEBSITE AND ITS USE. INDICATIVELY BUT NOT EXHAUSTIVELY, THE COMPANY MAKES NO REPRESENTATION AND EXTENDS NO WARRANTIES REGARDING THE NON VIOLATION OR ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACIES OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

7.2. THE COMPANY SHALL NOT BE LIABLE FOR: (A) ERRORS, INACCURACIES; (B) ANY LOSS (PROPERTY OR MORAL) THAT MAY ARISE FROM THE USE OF THE WEBSITE; (C) ANY INTERRUPTION, PAUSE, POOR QUALITY RECEPTION OF THE WEBSITE SERVICES; (D) VIRUSES, TROJAN HORSES THAT MAY BE TRANSMITTED FROM THE WEBSITE OR ANY THIRD PARTY USING THE WEBSITE; AND (E) ANY ERROR DUE TO THE ACT OR OMISSION OF THE WEBSITE CONTENT, OR FOR ANY LOSS THAT MAY BE INCURRED FROM THE USE OF THE WEBSITE’S CONTENT.

8. LIMITATION OF LIABILITY

8.1. IN THE ABSENCE OF ANOTHER MANDATORY LEGAL REGULATION, UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE HELD LIABLE AGAINST USERS BASED ON ANY LEGAL REASONING THAT CONCERN SPECIFIC, RANDOM. PROVOKED LOSSES ARISING FROM THE USE OF THE WEBSITE WHICH ARE IMPOSED AS A PENALTY OR AS AN EXAMPLE, EVEN IF THE COMPANY IS AWARE OF THE POSSIBILITY OF THESE LOSSES. USERS EXPLICITLY ACCEPT THAT THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR THE CONTENT OR ANY ILLEGAL OR OFFENSIVE BEHAVIOUR BY ANY USER OR THIRD PARTY AND FULLY ACCEPT THE RISK OF ANY ATTACK OR LOSS DUE TO FORCE MAJEURE.

9. APPLICABLE LAW

9.1. The Terms of Use and any amendment are governed by Greek law, European Union Law and the relevant international conventions. Should any provision of the above terms be contrary to the Law it shall cease automatically, without affecting the validity of the remaining terms.

9.2. If a dispute that concerns or arises from the implementation of the Terms of Use and the use of the Website tsakirischips.gr cannot be resolved amicably, it shall be subject to the jurisdiction of the Courts of Athens.

10. OTHER TERMS

10.1. The Terms of Use and any rights contained therein constitute the comprehensive agreement between the Company and the Users of the Website and bind only these parties.

10.2. The Terms of Use and any rights contained therein cannot, under any circumstances, unless explicitly provided, be transferred or assigned by the User without the Company’s prior explicit However, the Company may transfer and assign its rights without any further formalities.

10.3. The Company reserves the right to amend and/or temporarily and/or permanently disable part or all its Website services with or without its Users receiving prior notification.

10.4. The Company is entitled to unilaterally amend these Terms of Use at any time and without notification with its only obligation being to update this text for every amendment or addition. However, the constant use of the Website after the foregoing amendments implies the unreserved acceptance of the Terms of Use. Thus, regular verification of the Terms of Use is recommended.

10.5. The annulment of a specific term of the Terms of Use does not affect the validity of the remaining terms, but rather ceased to be valid.

10.6. IF A USER DISAGREES WITH THE TERMS OF USE PROVIDED HEREIN, THEY SHOULD NOT USE THE WEBSITE’S SERVICES.

Last update: [●] January, 2017